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Sample Personal Injury Demand Letter

Attorney Shefman on her Iron 883 Motorcycle

Attorney Shefman on her Iron 883 Motorcycle

This is meant to be a tool for those folks who choose to represent themselves following a minor crash where they are seeking personal injury or bodily injury losses in the Texas Justice of the Peace Courts in an amount under $10,000. As Austin personal injury attorneys, we’ve noticed that often folks will choose not to hire an attorney, perhaps liability is clear they just need some help writing a letter to the insurance company. If you are not sure what to include, this sample letter will provide an idea of how to structure your letter and what to include. There are many ways to do this, this is a simple outline that we hope is useful and easy to follow. If for any reason you do need a motorcycle accident attorney or car accident injury attorney, make sure to contact Shefman Law. We fight, and we win.

REMEMBER, YOU ONLY HAVE TWO YEARS, IN TEXAS, FROM THE DATE OF YOUR CRASH, TO FILE A CLAIM AGAINST AN INDIVIDUAL OR CORPORATION THAT HAS HARMED YOU IN A PERSONAL INJURY CASE.

IF YOU HAVE BEEN HARMED AS A RESULT OF A MUNICIPALITY OR STATE ENTITY (GOVERNMENT) YOU SHOULD SEEK LEGAL COUNSEL FOR THE LIMITATION ON WHEN YOU CAN BRING A CLAIM.

Sample Demand Letter for Pro Per (Self Representation) where you are seeking $10,000 and under (Justice of the Peace Cases):

Introduction

This is where you provide a short statement of who you are, your age, your occupation, (a snapshot of who you are in your own words).
Include a picture of yourself. Mention that this is an offer for early resolution of your claim.

Facts Establishing Liability

Write about the crash. Where you were coming from. What the other driver did just before the crash. What you did. How the crash occurred. Be careful not to get too specific about time and distances if you are uncertain and can’t be exact. Discuss the choices the other driver made when they hit you that make the incident the other party’s fault. Liability has either been established –If it has not been established by a police report or admission of party that hit you, then state why they are at fault, for example did they violate your right-of-way? Did they run a red light? Were they talking on the phone?

How do you know they are at fault? List your observations, the other driver, witness or passenger statements. Put all of that information in this section to establish your arguments why the other person is at fault. Whatever evidence you have to support your argument, include it as an attachment and reference it in this section. Any good car accident injury attorney will want this information as well in case you do end up seeking legal assistance.

If it is a violation of a right-of-way, or a failure to stop at a red light, speeding, inattention of the other driver (driving while distracted), not keeping a safe distance provide the code section for that law and copy that law into your paragraph. For instance, most of these code sections can be found through google, but you can also look directly at this site: http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.545.htm. Then state, the law “Sec. 545.152. VEHICLE TURNING LEFT. To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.” When Mr. Defendant Driver made the left hand turn directly into my lane of oncoming traffic, there was no time, reflexive or deliberate to avoid a collision. Therefore, Mr. Defendant Driver is liable for the resulting injuries.

(Include photos of crash or car)

Injuries Related to the Crash

What happened to you, immediate harms, treatment you received, physical losses, emotional losses (harms and losses) things you were unable to do. What were your pain scales 1-10 and list out in table format.

Provide a pain scale of 1-10 for the parts of your body injured immediately following the crash, three days after crash, one week, two weeks, three weeks, one month, etc.
1st Day 3d Day 1 Week 2 Weeks 3 Weeks 1 Month
Head: 3 5 4
Neck:
Low Back:
Shoulders:
Right Ankle:

For each treatment provider, list the date of treatment, the physician or therapist, then list what the record states in summary. Do this for each treatment date, and for each treatment provider.

Describe how these injuries affected your life and what setbacks, if any, the injuries caused you. List in as much detail with as many descriptor words as you can, what these injuries prevented you from doing and why. For instance, if you hurt your neck and were diagnosed with whiplash perhaps you could not drive for a period of several days. Maybe you are a new dad or mom and you could not lift your child? Describe what you were unable to do as a result of your pain.

Damages

These are the financial losses you have as a result of the crash. List every economic loss you have, this will include wages lost, medical costs, co-pays, ambulance bills, repair and replace costs of clothing you may have been wearing that was soiled or property damage. If you broke a watch for instance, provide the receipt and a photo. If you have no receipt or photo look it up on amazon and get the cost to repair and/or replace the watch. For your motorcycle, bike, or other vehicle, send the estimate to repair or replace with photos of the damage. Again, you’ll want to detail this information even if you wind up seeking the assistance of a motorcycle accident attorney or personal injury lawyer here in Austin.

For medical treatment, provide records for every item listed. Reference the record and bill and attach it to the letter in order it is mentioned in the letter or embed it into the demand with a readable snapsnot.

Treatment provider Cost of treatment
1. seton Hospital $1,100.00
2. CVS Pharmacy $17.00
3. Primary M.D. $135.00
Total: $1252.00

Conclusion

This section is a short recap of what happened, why liability is clear, why you are entitled to payment for reimbursement and also all of the harms and losses you suffered including lost wages, and emotional and physical pain both past and future. List your demand. Some people list demand amounts to include pain and suffering and emotional distress as a multiplier of the amount of bills they have. $1500 X2 or X3. This is a subjective number and only you know the value of your loss. If there is no egregious behavior involved and it is simple crash from simple negligence x 2 or x 3 is maybe a fair number. Remember you want to be reasonable so you can resolve the claim with the insurance company.

If writing the demand is unsuccessful you will have to pursue your claim in small claims or justice of the peace court.

Include as attachments or embedded in your document to be sent to the insurance adjuster for the defendant (not your insurance company) all documentary evidence, photos of your damaged property, your injuries, reports, bills, wage loss letter from your employer or a paycheck stub (insurance company will probably ask for a letter) etc.

Remember, you may want to give yourself time after you feel healed to make sure nothing else comes up as a result of the crash. Once you resolve the claim with the insurance company, you cannot reopen your case and ask for anything else. Your case will be resolved for all times. As Austin car accident injury lawyers, we recommend this to most clients.

THIS IS NOT MEANT AS LEGAL ADVICE OR TO SUBSTITUTE FOR LEGAL ADVICE FROM AN ATTORNEY. THIS IS ONLY A SAMPLE PRE-LITIGATION DEMAND LETTER MEANT TO ASSIST THOSE WHO HAVE ELECTED TO REPRESENT THEMSELVES IN A PERSONAL INJURY CASE WHERE THE MAXIMUM VALUE OF THE CASE DOES NOT EXCEED (TEN THOUSAND) $10,000.00 DOLLARS

Insurance Demand Letters

A demand letter, as the title suggests, is a letter written to the insurance adjuster of the defendant who caused your harms prior to filing a lawsuit.

I often hear plaintiff attorneys talk about getting “low balled” in their settlement negotiations by insurance adjusters following the submission of the demand letter by the plaintiff’s attorney.

Why the settlement offers are lower than you thought? You think you did everything right and wrote a great demand letter to the insurance company, but did you?

A great demand letter begins with a great evaluation of your client and the case when they walk through the door. Absolutely everything that follows after that client signs the retainer agreement should be tightly managed and under the control of the attorney who manages that client’s file.

Your evaluation the day the client walked through the door to the time you write the demand letter to the insurance company should only be reshaped by unexpected medical treatment or new facts unknown by you or the client on the day of the intake.

When writing a demand letter knowing why the defendant(s) are liable is key and every statute or municipal code that is affected and every remedy available for the harm caused to your client. A very detailed explanation of all treatment demonstrating the client’s subjective and objective complaints, treatment, if the client followed orders and protocols, the assessment by physicians and therapists, and ongoing plans for treatment must be listed in chronological order. The more you demonstrate your own understanding of the medicine involved in your client’s claim and the better you are able to explain that to an adjuster in writing the more you will satisfy the question, “Can the attorney get this across to a jury?”

Detail every cost, back up every cost you listed with why you are entitled to it. Embed as much into that demand letter as you can, attachments are difficult and clumsy. Keeping a demand letter detailed yet simple is a gift and if done right will reap better results for your client. Print your demands in color and make sure you can show pictures of before and after and why your client will do well before a jury.

Don’t cut corners when putting together a demand letter. There may have been blood everywhere at the scene of your client’s crash or incident but don’t spill new blood and reduce the integrity of your client’s claim by being lazy with putting together the demand letter. Doing this to a client’s claim is an entirely different but equally valid bloodshed.

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